New Braunfels voters uphold container ban

Linda Dickerson and David Martinez carry on their morning long conversation at St. Paul Lutheran Church polling station as New Braunfels citizens go to the polls to vote in the can ban issue on November 8, 2011.

Photo By TOM REEL/SAN ANTONIO EXPRESS-NEWS

Former New Braunfels mayor pro-tem Kathleen Krueger (center) celebrates early polling results showing a large lead for her side (the pro ban side) with friends (from left) Valin Miller, Sindy Alvarado and Chandler Gray.

Photo By TOM REEL/SAN ANTONIO EXPRESS-NEWS

Chante' Mazy (left) gets people gathered at the Can the Ban election night party to sign a petition to recall New Braunfels mayor Gale Pospisil Tuesday night. Signing is Tony Siracusa with Derek Mayfield watching.

Photo By TOM REEL/SAN ANTONIO EXPRESS-NEWS

Linda Dickerson and David Martinez carry on their morning long conversation at St. Paul Lutheran Church polling station as New Braunfels citizens go to the polls to vote in the can ban issue on November 8, 2011. Dickerson admitted that the two were both interested in keeping the local rivers clean.

Photo By TOM REEL/SAN ANTONIO EXPRESS-NEWS

Linda Dickerson and David Martinez get the attention of passing motorists at St. Paul Lutheran Church polling station as New Braunfels citizens go to the polls to vote in the can ban issue on November 8, 2011.

Photo By TOM REEL/SAN ANTONIO EXPRESS-NEWS

Kathleen Richmond (right) spends some time going over issues with Claudia Valentine (left) and Sharon Cronin at the St. Paul Lutheran Church polling station as New Braunfels citizens go to the polls to vote in the can ban issue on November 8, 2011.

Photo By TOM REEL/SAN ANTONIO EXPRESS-NEWS

Emily Coleman (left) and Laurie Creasy wave at motorists outside the Comal County Senior Citizens Center as New Braunfels citizens go to the polls to vote in the can ban issue on November 8, 2011.

Photo By TOM REEL/SAN ANTONIO EXPRESS-NEWS

Emily Coleman (left) and Laurie Creasy get the attention of motorists outside the Comal County Senior Citizens Center as New Braunfels citizens go to the polls to vote in the can ban issue on November 8, 2011.

Photo By TOM REEL/SAN ANTONIO EXPRESS-NEWS

Valin Miller holds an enlarged picture of cans collected from the river as Toni Peters looks on at the Comal County Senior Citizens Center, polling station for precinct 101, as New Braunfels citizens go to the polls to vote in the can ban issue on November 8, 2011.

More Information

Disposable container ban

Total

For: 5,166

Against: 3,791

Percent of vote

For: 57.7%

Against: 42.3%

NEW BRAUNFELS – After a summer of record crowds and weeks of contentious campaigning, voters overwhelmingly upheld a ban on disposable containers on the city's two waterways.

The container ban ordinance, which goes into effect Jan. 1, was approved by 58 percent of the vote.

Ban supporters hailed the win as vindication of their claim that residents want the river protected from rowdy tourists and their litter.

“This was a landslide that can be disputed by no one,” said Kathleen Krueger, spokeswoman for Support The Ban. “New Braunfels has spoken loud and clear that we want to protect our rivers for the next generation.”

The lead spokesman for the opposition said the real issue was government transparency and vowed to continue the fight.

“I'm not disappointed,” said Mark McGonigal. “I have an opinion and so do other people. I knew one side would prevail. But the legality of this has yet to be determined.”

A lawsuit challenging the ordinance as illegal under state law, filed by a group of local business owners, is pending in state district court.

The law was drafted after a record-setting drought made parts of the popular Guadalupe River unusable for tubers, and throngs descended on the normally sedate Comal River. The result was a record-setting year for crowds, arrests, citations, police overtime and city expenses.

Local interest was intense. City officials said 5,523 early ballots were cast, more than twice the total votes cast in the last city elections. The early vote was 66 percent in favor of the ban.

Polls remained busy all day. At 7:01 p.m., 90 residents were still in a line that snaked out the door at St. Paul Lutheran Church, near downtown.

“The line's been long like this since we opened,” said Nora Morales, the election judge there. “It's been a big crowd, but very polite. This is the biggest turnout I've ever seen.”

With the new law, disposable containers holding food and drink will be disallowed on the Comal and on a stretch of the Guadalupe River inside the city's boundaries. Violators, if found guilty, could be fined $500.